Simple Will - Wisconsin

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(A Wisconsin Simple Will Template)

TABLE OF CONTENTS

1. Article I – Preliminary Matters
2. Article II – Definitions
3. Article III – Revocation of Prior Instruments
4. Article IV – Family Information
5. Article V – Appointment of Personal Representative
6. Article VI – Payment of Debts, Taxes, and Expenses
7. Article VII – Specific Bequests
8. Article VIII – Residuary Estate
9. Article IX – Guardianship of Minor Children
10. Article X – Digital Assets
11. Article XI – Fiduciary Powers & Indemnification
12. Article XII – No-Contest Clause
13. Article XIII – Governing Law & Probate Venue
14. Article XIV – Miscellaneous Provisions
15. Article XV – Execution & Attestation
16. Article XVI – Wisconsin Self-Proving Affidavit

ARTICLE I

PRELIMINARY MATTERS

1.1 Effective Date. This Last Will and Testament (“Will”) is made on [DATE] and shall be effective upon my death.

1.2 Capacity & Intent. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Wisconsin, being at least 18 years of age and of sound mind, declare this document to be my Will.

ARTICLE II

DEFINITIONS

For purposes of this Will, capitalized terms have the meanings set forth below:

a. “Child” or “Children” means any biological or legally adopted descendant of mine, born or adopted before or after the execution of this Will, excluding stepchildren unless specifically named as Beneficiaries.

b. “Estate” means all property, real and personal, tangible and intangible, wherever situated, in which I have an interest at my death, including insurance and retirement benefits payable to my Estate.

c. “Personal Representative” means the individual or corporate fiduciary appointed in Article V to administer my Estate and carry out this Will (also commonly referred to as “Executor” under Wisconsin law).

d. “Residue” or “Residuary Estate” means all assets remaining in my Estate after payment of the items described in Article VI and distribution of any Specific Bequests under Article VII.

e. “Specific Bequest” means a gift of a particular asset or sum of money described in Article VII.

ARTICLE III

REVOCATION OF PRIOR INSTRUMENTS

3.1 Total Revocation. I hereby revoke all prior Wills and codicils.

ARTICLE IV

FAMILY INFORMATION

4.1 Marital Status. I am currently [single / married to SPOUSE NAME].

4.2 Children. My Children are:

1. [NAME, birthdate]
2. [NAME, birthdate]
   (add as needed)

ARTICLE V

APPOINTMENT OF PERSONAL REPRESENTATIVE

5.1 Primary Appointment. I appoint [PRIMARY PERSONAL REPRESENTATIVE NAME], currently residing at [ADDRESS], as Personal Representative of my Estate.

5.2 Successor Appointment. If the primary appointee is unable or unwilling to serve, I appoint [SUCCESSOR PERSONAL REPRESENTATIVE NAME] as successor Personal Representative.

5.3 Bond. No bond shall be required of any Personal Representative, unless a court specifically orders otherwise.

5.4 Powers. The Personal Representative shall have all powers granted under Wisconsin law, including those in Wis. Stat. ch. 857, together with the additional powers enumerated in Article XI.

ARTICLE VI

PAYMENT OF DEBTS, TAXES, AND EXPENSES

6.1 Payment Directive. My Personal Representative shall pay from my Estate all enforceable debts, expenses of last illness and funeral, costs of administration, and all estate and inheritance taxes attributable to my Estate, without apportionment among Beneficiaries, except as otherwise provided herein.

6.2 Order of Abatement. If the assets of my Estate are insufficient to pay the above amounts, property shall abate in the order provided by Wisconsin law.

ARTICLE VII

SPECIFIC BEQUESTS

7.1 Monetary Gifts.
a. I give $[AMOUNT] to [BENEFICIARY NAME].
b. (Add additional gifts as necessary.)

7.2 Tangible Personal Property.
a. I devise my [e.g., “1967 Gibson guitar”] to [BENEFICIARY NAME].
b. [Insert additional items or reference separate written statement permitted under Wis. Stat. § 853.32].

ARTICLE VIII

RESIDUARY ESTATE

8.1 Gift of Residue. I give all of the Rest, Residue, and Remainder of my Estate, including any property over which I have a power of appointment, to [BENEFICIARY/SHARE FORMULA].

8.2 Contingent Disposition. If no named Beneficiary survives me, the Residuary Estate shall pass per stirpes to my then-living Children; if none, to my heirs at law as determined under Wisconsin intestacy statutes.

ARTICLE IX

GUARDIANSHIP OF MINOR CHILDREN

9.1 Guardian. If, at my death, any of my Children are under age 18, I nominate [GUARDIAN NAME] as Guardian of the person and estate of such minor Children.

9.2 Successor Guardian. If the above-named Guardian cannot serve, I nominate [SUCCESSOR GUARDIAN NAME].

ARTICLE X

DIGITAL ASSETS

10.1 Authority. I authorize my Personal Representative to access, manage, distribute, or dispose of my digital property and electronic communications to the fullest extent permitted by the Wisconsin Digital Property Act, Wis. Stat. ch. 711 (Wisconsin's enactment, based on the Revised Uniform Fiduciary Access to Digital Assets Act, of rules governing a fiduciary's access to a decedent's digital property).

ARTICLE XI

FIDUCIARY POWERS & INDEMNIFICATION

11.1 Expanded Powers. In addition to statutory powers, my Personal Representative may, without court order:
a. Sell, lease, or encumber Estate property at public or private sale;
b. Engage professionals and delegate authority;
c. Make elections under tax statutes;
d. Make distributions in cash or in-kind;
e. Continue, incorporate, or liquidate any business interest.

11.2 Indemnification. My Personal Representative shall be indemnified out of the Estate against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) incurred in good-faith administration, except for losses arising from willful misconduct or gross negligence.

11.3 Liability Cap. Any liability of the Personal Representative shall be limited to the value of the assets of my Estate; no personal liability shall attach.

ARTICLE XII

NO-CONTEST CLAUSE

12.1 Disinheritance for Contest. Any Beneficiary who, directly or indirectly, contests or assists in contesting this Will or any devise herein shall forfeit his or her bequest and shall take $1.00 in lieu thereof, the forfeited share passing under Article VIII as if such Beneficiary had predeceased me.

12.2 Statutory Limitation on Enforcement. Notwithstanding Section 12.1, this Article XII shall not be enforced against any Beneficiary if a court of competent jurisdiction determines that the Beneficiary had probable cause for instituting or joining the contest or proceeding, in accordance with Wis. Stat. § 854.19.

ARTICLE XIII

GOVERNING LAW & PROBATE VENUE

13.1 Governing Law. This Will shall be governed by, and construed in accordance with, the laws of the State of Wisconsin.

13.2 Venue. Probate proceedings with respect to my Estate shall be brought in the Circuit Court for [COUNTY] County, Wisconsin, sitting in probate, pursuant to Wis. Stat. § 856.01.

ARTICLE XIV

MISCELLANEOUS PROVISIONS

14.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force.

14.2 Headings. Headings are for convenience only and do not affect interpretation.

14.3 Counterparts & Electronic Copies. This Will may be executed in counterparts; an electronic or photostatic copy shall be as valid as an original.

ARTICLE XV

EXECUTION & ATTESTATION

I, [TESTATOR FULL LEGAL NAME], being of sound mind and 18 years of age or older, hereby sign this Will in the conscious presence of the undersigned witnesses, declaring the foregoing instrument to be my Last Will and Testament.

Date: ____________________, 20____

__________________________________
[TESTATOR SIGNATURE]
[PRINT NAME]

Witness Attestation

We, the undersigned witnesses, each declare under penalty of perjury that on the date written above, in the conscious presence of the Testator and of each other, (1) the Testator signed this Will or acknowledged the Testator’s signature, (2) the Testator declared this instrument to be the Testator’s Will, and (3) we sign our names hereto as witnesses. We are each at least 18 years of age, mentally competent, and not Beneficiaries of this Will.

1. __________________________________
   Signature of Witness #1
   Print Name: __________________________
   Address: _____________________________

2. __________________________________
   Signature of Witness #2
   Print Name: __________________________
   Address: _____________________________

ARTICLE XVI

WISCONSIN SELF-PROVING AFFIDAVIT

State of Wisconsin )
County of _________ ) ss.

We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], the Testator and the witnesses whose names are signed to the foregoing instrument, being first duly sworn, do declare to the undersigned authority all of the following: (1) the Testator executed the instrument as the Testator's Last Will and Testament; (2) the Testator signed willingly, or willingly directed another to sign for the Testator; (3) the Testator executed the Will as a free and voluntary act; (4) each of the witnesses, in the conscious presence of the Testator, signed the Will as a witness; and (5) to the best of the knowledge of each witness, the Testator was, at the time of execution, 18 years of age or older, of sound mind, and under no constraint or undue influence.

__________________________________
[TESTATOR SIGNATURE]

__________________________________
[WITNESS #1 SIGNATURE]

__________________________________
[WITNESS #2 SIGNATURE]

Subscribed and sworn before me on this ____ day of __________, 20____.

__________________________________
Notary Public
My Commission Expires: _____________

END OF DOCUMENT